Legal Question in Personal Injury in Pennsylvania

Good Morning:

I have a question for my brother. Two years ago he was driving, and he was stopped at the red light. Then, after the light had turned green, he waited a second (just to make sure no more traffic was coming from the other end of the road). Anyway, as the light was green, he had continued to drive, and through the corner of his eye he saw a speeding car rushing through the red light, which resulted in the other driver T-boning my brother. Again, all the other cars were stopped on the other side of the road and my brother had the right of way because he had the green light, and even a police offer had witnessed the other man speeding through the red light. Now, this is where is gets complicated. My brother didn't even know that his license was suspended at the time. He had car insurance, but apparently the license itself was suspended. My question is for my brother (since he is shy). Since this accident he has two lumbar herniated disks with nerve compression in addition to a herniated disk in his C4 area with nerve compression--along with other permanent injuries in which i don't know the medical terminology for. Now, after the accident the officer even checked his license and it was fine, but like two months later after he was driving home he got pulled over (because he forgot to re-new his inspection sticker and the cop said that his license was suspened) (so confusing). But anyway, my question for my brother is: "Can he make a claim if his license was suposedly suspened even though it was the other man who speeded through the red light? My brother did have car insurance at the time. Thank you for your time and many thanks and God bless


Asked on 10/04/09, 8:33 am

2 Answers from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Your brother's right to make a civil claim for injuries have ABSOLUTELY NOTHING to do with his license. It's probably not even admissible if the case went to court, because it was not a legal cause of the accident.

BUT, your brother does have TWO YEARS under PENNSYLVANIA' S STATUTE OF LIMITATIONS AND IF HE DOES NOT SUE THE OTHER GUY WITHIN TWO YEARS OF THE ACCIDENT ANY SUIT WILL BE THROWN OUT FOR BEING TOO LATE, NO MATTER HOW SERIOUS HIS INJURIES OR HOW MUCH THE OTHER GUY WAS AT FAULT.

YOUR BROTHER NEEDS TO CALL A LAWYER TODAY!!! I HOPE IT'S NOT TOO LATE.

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Answered on 10/09/09, 9:21 am
Richard Teitell Richard K. Teitell, Esquire, P.C.

I agree with the prior answer from Mr. Marvin. Under PA law lack of a driver's license is not admissible in your brother's case & will not prevent him from moving forward on his claim. There is a strict time limit of 2 years from the accident date to file a law suit, unless your brother selected "limited tort" under his auto policy, which may give him more time. He needs to call an experienced injury lawyer TODAY!!!! I handle these cases & will be glad to speak with him. Good luck!!

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Answered on 10/09/09, 12:19 pm


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